Can you use notes while testifying in court?

Asked by: Tyree Schneider  |  Last update: November 13, 2025
Score: 5/5 (39 votes)

Do not try to memorize what you are going to say. You may make notes to assist you in your preparation for trial; however, generally you will not be permitted to refer to your notes while testifying unless the notes were made at the time of the event you are testifying about or shortly afterwards.

Can you use your notes when you testify in court?

Don't bring your notes to the witness stand when you testify. You might have trouble remembering the details of past events that you will be asked to testify about, such as dates, times, place, people and things.

Can notes be used as evidence in court?

Yes they can be used. However that is not to say that all contemporaneous notes are automatically admissible in every court room - you still have to abide by all the rules of evidence and admissibility for your type of case in your courtroom in your jurisdiction.

What should you not say when testifying in court?

Washington State Attorney Jennifer Witt discusses the three things to NOT SAY in criminal court. 1. Do not interrupt the Judge. No matter what. 2. Don't discuss the fact of you case. No matter how much you want to. Even if the police office told you to "take it up with the Judge". That is your attorne.

Are witnesses not allowed to use written notes to refresh their memory while testifying?

A writing (or essentially any other material) can be used to refresh a witness's recollection, even if it is not itself admissible and regardless of whether the witness created it or has even seen it before. But the witness must then testify from their refreshed present memory.

How to Testify in Court -- The Holy Trinity of Testimony

17 related questions found

Can a witness use notes on the stand?

You may make notes to assist you in your preparation for trial; however, generally you will not be permitted to refer to your notes while testifying unless the notes were made at the time of the event you are testifying about or shortly afterwards.

Can a witness say they don't remember?

Witnesses who claim not to remember, rather than deny a fact, may be prosecuted for perjury. However, the government must prove both that the witness at one time knew the fact and that the witness must have remembered it at the time he or she testified.

How to not be nervous when testifying?

Stay calm. Take a deep breath to maintain your composure. Taking a deep breath and being aware of a physical response to a stressful situation can help the witness feel more in control. It buys time for the witness to think about the question they are being asked and to formulate their response.

Can you say yes sir to a judge?

This will lose you the respect of the judge and the jury. Any lawyer who can make a witness mad will probably cause the witness to exaggerate, appear unobjective, and emotionally unstable. Be sure to answer "Yes Sir/Ma'am" and "No Sir/Ma'am" and to address the judge as "Your Honor. "

What happens if you lie when testifying?

§ 1621, anyone guilty of perjury can face up to five years in prison. The court might also impose fines in addition to imprisonment. These penalties aim to deter individuals from lying under oath and maintain the credibility of judicial proceedings. Those who commit perjury can face steep financial penalties.

Can hand-written notes be used in court?

In order to get handwritten evidence admitted into court, state and federal rules of evidence generally require that you first establish its authenticity -- in other words, you must prove to the court's satisfaction that the handwritten document was genuinely written by the person you've identified as the writer.

Can I read from a note in court?

You can read from your notes in court, if you need to. Read over the court papers in your case and write out anything else you want the judge to know. Focus on the facts and details that support your side of the story.

What Cannot be used as evidence in court?

Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.

Can notes be used in court?

Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial.

Can I wear jeans to testify in court?

All clothing should be conservative. Many courts have specific dress codes that require conservative attire to maintain decorum and respect for the judicial process. No low necklines, shorts, stiletto heels, tight jeans (actually, avoid jeans altogether), or sleeveless shirts.

Can your words be used against you in court?

If you say something voluntarily before they start questioning you—or if they never officially question you—the words you said in their presence may still be used against you in court. That's why it's always best to remain silent until speaking with an attorney—whether or not your rights are read to you.

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

Is testifying in court scary?

For many people, the thought of giving courtroom testimony is a scary one. People don't know what to say, how to act, or how to get across what they're feeling. For most of our clients who go through this process, it is a completely new experience.

What not to say in court as a witness?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

What should officers not do when testifying?

Credible witnesses do not lie, attempt to “gloss over” any unpleasant fact or subject, tell a half-truth, or omit a material fact. Not only can lies end an officer's testimony, they can also end his career.

How to calm your nerves before court?

If you can, try to go to the courtroom where your hearing (or trial) will be held the week before. You can watch how the hearing goes, see what the judge is like. Then you'll know how to get there, where to find the courtroom, and you'll feel more calm on your court date.

Does not testifying make you look guilty?

Often, people on trial are nervous that not testifying in their own defense will make them look guilty, but the judge and jury are legally prohibited from taking a defendant's choice not to testify into account when deciding his or her guilt.

How do I say I don't know in court?

If you do not understand a question, it is alright to ask that the question be repeated or clarified. If you do not know an answer, say so. Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know.

Can a witness decline to answer?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

How to prove someone is lying in court?

One of the most common ways to prove someone is lying in family court is to document inconsistencies in their statements. Carefully review any written statements, declarations, or testimony provided by the opposing party. Look for contradictions or changes in their story over time.